Transfer of Property Act defines 'Gift' thus :-
"122. Gift" defined. "Gift" is the transfer of certain
existing moveable ... herself, at the time of cancellation
of the gift, never assumed that the gift was not accepted and
therefore it is revocable.
As seen above
gift deed is 1943 is not simple gift, but it is either a conditional or onerous gift, and there is no presumption of acceptance ... person benefited by the gift, there is a circumstance to hold that the gift was accepted.' In the decision reported in Narayani Bhanumathi
said gift deed was cancelled and the
gift is no more in force. The averment that the gift was accepted
by the 3rd defendant ... possession so as
to validate the gift. The gift will be presumed to have been
accepted by the maternal guardian on behalf of the donee
gift, viz., regarding the effect of transfer, suspension and revocation of gift, etc. Section 122, which defines a 'gift' contemplates the acceptance ... acceptance to an express acceptance and that acceptance may be either express or implied, and that actual or constructive possession is undoubtedly proof of acceptance
that for the validity of a gift, possession should be delivered to and the gift accepted by the legal guardian of the donees, the father ... donor to the donee and accepted by him it amounts to acceptance of the gift on his part.
(14) It is unnecessary to refer
behalf and who accepted the gift. The gift becomes valid only when it is accepted by the donee or somebody on his behalf ... acceptance of the gift on behalf of the plaintiff by his father. The gift itself shows that the gift has been accepted by the donee
suit shops in pursuance of the gift deed and upheld the gift. He also accepted the finding of the lower appellate court that the suit ... requires must be accepted. It was indeed contended by Mr. Ganapathi Iyer that acceptance of a gift by a minor is not valid. There
donee is the person who accepts the gift. A gift may be accepted by, or on behalf of a person who is not competent ... over to him by the donor which he accepts, it amounts to a valid acceptance of gift in law. The specific recital in the deed
acceptance of the gift, be it not onerous and that there must be some evidence
to show that the gift was accepted during the life ... doubt or dispute that in
order to constitute a valid gift acceptance
thereof is essential. We must, however,
notice that the Transfer of Property
gift thereby making the gift incomplete. This Court further held that
the donor cancelled the gift within a month of the gift and subsequently executed ... gift deed that Motilal
Gopalji gifted the property to the respondent. In other words, it was a conditional
gift. There is no recital of acceptance
